Ways To Ensure Compliance With Your Family Law Court Order or Agreement

All too often at the DiPietro Family Law Group we hear of ex-spouses violating
court orders or court ordered agreements. “He hasn’t paid
child support in three (3) months,” or “she always drops the
kids off two (2) hours late.”

Ideally, everyone would follow through with and adhere to the obligations
they make in an agreement ordered by the court. Unfortunately, the sad
reality is that this is not always true. In fact, often times it is not
true – particularly when it comes to family law agreements and court orders.

Obtaining a court order or court ordered marital settlement agreement is
merely the first step in resolving your family law issue. The second step
is ensuring that the order or agreement is properly enforced; and when
it is not, there are consequences to ensure compliance. Otherwise, the
agreement or order is nothing more than a piece of paper.

Here are some things you can do to ensure that your agreement or order
is followed:

Specific Enforcement Provisions

When composing a settlement agreement or parenting plan, you should ensure
that the agreement contains specific provisions, that permit consequences
for non-compliance. One of the most common clauses requires the party
who is in violation of the agreement, to pay the other side’s attorney’s
fees if they have to go to court to enforce the agreement. This can be
an effective deterrent for your ex-spouse, to violate the agreement.

Incorporation

In order to enforce a family law agreement, the agreement must be incorporated
into a court order. This is a simple process that your attorney can handle
for you. Once the agreement is incorporated, it has the full force and
effect of a court order. A violation of a court order is more egregious
and much easier to enforce than claiming a breach of contract.

Attorney Letters

Before pursuing time consuming and costly litigation, consider having your
attorney write a warning letter to your ex-spouse who is in violation
of a court order or agreement. Your attorney can draft a carefully tailored
letter citing the violation, demanding compliance within a certain time
period and tactfully pursue legal action, if your ex isn’t complying.

Contempt Proceeding

If your ex does not respond to your attorney’s letters, then you
can seek an order to show cause from the court. This is very serious,
and if your ex cannot provide a legally justifiable reason for their violation(s),
the court has authority to impose various penalties upon your ex, including
fines and jail time.

If all else fails, then modification of the court order or court ordered
agreement may be necessary. However, this process will almost always require
proving that there has been a change in material circumstances. When it
comes to your ex-spouse’s violations, you will likely have to show
repeated and serious violations, in order to obtain a modification.

Before reaching a marital settlement agreement with your spouse, you should always,
at a minimum, have your attorney review it before signing it. Your attorney will ensure
that you include proper enforcement provisions and the language to make
ensure your order is valued.

If your former spouse is in violation of a court order or court ordered
agreement, you should hire a family law attorney immediately, who can
pursue all available means of forcing your ex to comply. The knowledgeable
family lawyers at the
DiPietro Family Law Group have decades of experience representing clients in all types of family
law matters, and we are here to help you.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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